New York State Court of Claims

New York State Court of Claims

ALMONTE v. THE STATE OF NEW YORK, #2001-028-0513, Claim No. 103281, Motion No. M-62715


Synopsis



Case Information

UID:
2001-028-0513
Claimant(s):
JOSE ALMONTE
Claimant short name:
ALMONTE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103281
Motion number(s):
M-62715
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
JOSE ALMONTE, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Frederick H. McGown, III, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 25, 2001
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks leave to proceed as a poor person pursuant to CPLR 1101. Although his motion is technically defective, in that the County Attorney for the county in which the claim arose was not served, the Court will nevertheless address the substance of his request for relief.
The claim in this action alleges that on September 1, 2000, as claimant was being transferred from one living unit to another within Coxsackie Correctional Facility, a correction officer damaged some of his personal property and pushed claimant, causing him to fall.
Claimant's request for reduction of the filing fee has already been address in the Order of Presiding Judge Susan Phillips Read, issued November 9, 2000. Thus, the only relief available under CPLR 1102 that claimant can be seeking at this juncture is the assignment of an attorney, who would serve without compensation. The appointment of counsel in a case such as this, where there is no threat that claimant is about to be deprived of a liberty or suffer a grievous forfeiture, is neither statutorily nor constitutionally required (Morgenthau v Garcia, 148 Misc 2d 900; Harris v State of New York, Claim No. 80949, Motion No. M-42854, filed Oct. 2, 1990, Benza, J.). Furthermore, this claim is not of sufficient complexity and does not involve such fundamental rights that the Court would be justified in exercising its discretion to appoint an attorney to appear without compensation (see, Matter of Smiley, 36 NY2d 433; Jacox v Jacox, 43 AD2d 716).
Notwithstanding the technical defect in claimant's motion, his request to be granted poor person status has been considered on the merits and is denied.

January 25, 2001
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims